A Dublin man charged with possession of hundreds of child abuse images has brought a High Court action aimed at halting his prosecution. Daryle Singh, who is charged with three offences under the Child Trafficking and Pornography Act, claims lengthy delays in the investigation process make it unfair to place him on trial.
It is alleged he was in possession of almost 300 images on two computer hard drives and in print form, at a property in Dublin on November 8th, 2011.
Mr Singh (52) College Wood, Castleknock, Dublin 15 denies the charges and claims delay, which is not attributable to him, in investigating and prosecuting the matter means he cannot get a fair trial.
The images, including those on the computer drives, were seized by gardaí following a search, on an unrelated matter, of a property where he formerly resided. He claims the computers were seized by the gardaí in 2011 but were only provided to the Garda's National Cyber Crime Unit in early 2014. nInvestigating gardaí had in June 2019, some five years later, received an analysis report from the Cyber Crime Unit on the computer, he claims.
Mr Singe was arrested in late 2019 in relation to the images and returned for trial before Dublin Circuit Criminal Court in November 2020. A trial date has yet to be fixed and is not expected before mid-2022.
His counsel Michael O’Higgins SC, with Tony McGillicuddy Bl, told the High Court no reason or explanation has been given for the delays in the case which have deprived Mr Singh of his right to a trial with due expedition. Counsel said their case is that the delays by the respondents are “inordinate, unjustifiable and unreasonable,” resulting in his client suffering “irreparable and irredeemable prejudice.”
In his judicial review action against the DPP and the Garda Commissioner, Mr Singh wants orders preventing the respondents taking any further steps in his pending prosecution. He also wants declarations that the delay in bringing and prosecuting the charges is unfair, and breaches of his right to a fair trial under the Constitution and the European Convention on Human Rights. He also seeks damages arising out of the alleged breach of his rights.
Permission to bring the challenge was granted this week on an ex-parte basis by Mr Justice Charles Meenan. The judge put a stay on the prosecution pending the outcome of the judicial review and adjourned the matter to March.